1 of 7

Yes

Write now Article Tools

Punitive damages also known as exemplary damages are commonly awarded in product liability or civil suit cases in which the defendant is ordered to pay to the plaintiffs a sum of money for their acts of reckless and or willful conduct. The idea of punitive damages was imposed as a deterrent from reckless, willful conduct. However, the amount of punitive damages awarded have been the topic of many debates leaving some to criticize, that plaintiffs are overly compensated specifically voicing opinions or concerns that "a limit should be imposed on punitive damages." I think we can all agree one should be punished for their "acts of reckless and or willful conduct" but, to what expense to society as a whole.

One of the biggest concerns for judges and commentators are the defendants could become bankrupted leaving others who have been wronged, defenseless. Further, it has been suggested, "that courts balance society's interest against defendant's interest by focusing on the following factors. (1)Severity of threatened harm, (2) degree of reprehensibility of defendant's conduct, (3) profitability of the conduct, wealth of a defendant, amount of compensatory damages (whether it was high in relation to injury), (4) cost of litigation, (5) potential criminal sanctions and other civil actions against defendant based on same conduct." However, others believe this system would cause manufacturers and companies alike to view this as a cost effective way to bypass imposed safety measures. For example, in Grimshaw v. Ford Motor Company, 174 Cal. Rptr. 348(Ct. App. 1981), Ford management had knowledge of the Pinto's design defects in that testing revealed the fuel tank did not pass the rear impact in accordance to safety standards. Despite this Ford with malice and recklessness proceeded with production sadly, the Grimshaw family without any negligence acts of their own became victims of the Pinto's design defects which resulted in one death and permanently disfiguring another. The jury awarded the Grimshaw's $3.5 million in punitive damages Ford with convincible arguments to the court stated the amount was excessive and the amount was reduced by the trial judge to $125 million.

Then again, one could argue if the same balance was applied to Hardy v. General Motors Corp., where GM had been allegedly been informed of a defective door latch by its engineers in which the warning was ignored. Hardy the plaintiff in this case claims his injuries was a result of this design defect

• 1
• 2
• next page >>

Add your voice

Know something about Should there be a limit on punitive damages in civil suits??
We want to hear your view. Write now!